Supplement to 30 First Motion to Sever Defendant sever charges — USA v. McCabe (Dkt. 49, S.D. Fla.)

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U.S. District Court for the Southern District of Florida · No. 9:24-cr-80103-AMC · Doc. 49 · 2025-02-07 · Docket on CourtListener

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UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
 
CASE NO. 24-CR-80103-CANNON 
 
UNITED STATES OF AMERICA 
 
v. 
 
DUSTIN SEAN McCABE, 
 
 
Defendant. 
____________________________________/ 
 
GOVERNMENT=S SUPPLEMENTAL NOTICE REGARDING ANTICIPATED 
WITNESS TESTIMONY OVERLAP AS TO COUNTS ONE THROUGH FIVE 
 
 
The United States of America, by and through the undersigned Assistant United States 
Attorney, respectfully submits this Supplemental Notice Regarding Witness Testimony Overlap 
to apprise this Court of additional information learned during witness preparation for the 
February 24 trial in this case that bears on the Defendant’s Motion for Severance, DE 30. The 
United States submits this information in further support of this Court denying the Defendant’s 
Motion because this supplemental witness information again shows a witness whose testimony 
will directly bear on all crimes charged in the Indictment: 
 
On February 7, 2025, the Government conducted a witness preparation section with S.P. 
Prior to the interview, the Government understood S.P. to have personal knowledge relating to 
Counts One and Two of the Indictment, with that testimony including (1) his knowledge of the 
Defendant’s purchase of the M/V SOUTHERN COMFORT and his plans for the vessel, (2) the 
Defendant telling S.P. of propulsion malfunctions that occurred the day before M.C.G.F.’s death, 
and (3) a description of the vessel’s condition when S.P. repossessed/repurchased the vessel from 
the Defendant, which showed it to have engine problems. However, during his February 7 
interview, S.P. also provided three pieces of information that directly related to the Defendant’s 
Case 9:24-cr-80103-AMC   Document 49   Entered on FLSD Docket 02/07/2025   Page 1 of 2

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Paycheck Protection Program (“PPP”) fraud charged in Counts Three, Four, and Five: (1) that 
the Defendant told S.P. that his business was no longer operating after M.C.G.F.’s death, (2) that 
the Defendant told S.P. that he was applying for PPP loans while his scuba business was shut 
down, and (3) that the Defendant also told S.P. that he was using the PPP proceeds to maintain 
financial stability while he found another form of work.  
 
Based on this anticipated testimony, the Government now expects that S.P. will serve as a 
witness whose testimony will span all five counts of the Indictment. The Government therefore 
files this Notice to supplement its proffer of facts in its Response to the Defendant’s Motion for 
Severance, DE 31, to advise this Court that S.P.’s testimony, like S.B. and J.S. described in the 
Response, see DE 31 at 3-4. 
 
 
 
 
 
 
Respectfully submitted, 
 
    
 
 
 
 
 
HAYDEN P. O’BYRNE 
 
 
 
 
 
 
UNITED STATES ATTORNEY 
 
 
 
 
 
 
 
Date: February 7, 2025       
 
      By:   /s/ Zachary A. Keller  
 
 
 
ZACHARY A. KELLER 
Assistant United States Attorney 
U.S. Attorney’s Office – SDFL 
Court No: A5502767 
99 NE 4th Street, 6th Floor 
Miami, Florida 33132 
Tel: (305) 961-9023 
 
 
 
 
 
 
Email: zachary.keller@usdoj.gov 
 
 
CERTIFICATE OF SERVICE 
 
I HEREBY CERTIFY that on February 7, 2025, I electronically filed the foregoing 
document with the Clerk of the Court using CM/ECF.  
 
/s/ Zachary A. Keller  
ZACHARY A. KELLER 
Assistant United States Attorney 
Case 9:24-cr-80103-AMC   Document 49   Entered on FLSD Docket 02/07/2025   Page 2 of 2

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